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Sky News: ‘The NHS sold out its staff’: Doctors whose lives were devastated by long COVID to sue health service

Doctors have told Sky News they have been off work for more than two years, suffering severely reduced mobility and frightening symptoms such as auditory hallucinations and tremors.

Sy News – Lara Keay

Hundreds of doctors are planning to sue the NHS over claims inadequate PPE on the frontline has left them with long COVID, disabled, and in financial ruin.

Extracts

Dr Kelly Fearnley, 37, was working on a COVID ward at Bradford Royal Infirmary in November 2020 when she caught coronavirus.

More than three years later, the effects of long COVID mean she is still unable to work. After episodes of violent shakes, hallucinations, and a resting heart rate more than double the average, she was diagnosed with limbic encephalitis – inflammation of parts of the brain.

Meanwhile, Dr Nathalie MacDermott – an infectious diseases registrar who treated people with the Ebola virus – says COVID has left her with spinal damage after her concerns about a lack of PPE during the pandemic were ignored

A British Medical Association study of 600 doctors with long COVID last year revealed that 60% had suffered persistent ill health since contracting COVID, and around half (48%) had lost earnings.

Dr Fearnley co-founded Long COVID Doctors for Action (LCD4A), which is today pledging legal action against the NHS for negligent workplace exposure to coronavirus, resulting in injury and financial loss.

The group, which is being represented by the legal firm Bond Turner, claims the NHS decided to downgrade guidance as the virus took hold in March 2020, only requiring staff to wear blue surgical face masks, plastic aprons, and gloves when dealing with suspected or confirmed COVID cases.

Dr Simon Clarke, associate professor in cellular microbiology at Reading University, told Sky News there is a “greater than 50% chance” healthcare workers who were infected in early 2020 contracted the virus at work, as lockdown meant other contact was significantly reduced – but there are no guarantees.

He added:

“Some masks seem to be more effective than others and can vary quite a lot.

The public inquiry into the UK's handling of the pandemic has heard PPE provision for healthcare workers was “hopelessly inadequate”. Government and public health officials have admitted “mistakes were made”.

Call for other doctors to join legal action

LCD4A is calling for other doctors and healthcare workers who worked in England and Wales and suffered similar circumstances to join its group legal action. Those in Scotland can do so via a different legal firm, Jackson Boyd.

Hundreds have signed up, many say they have lost their jobs, and had relationships end. Several of those still employed by the NHS claim they have reached maximum sick pay or are struggling to claim benefits.

LCD4A is calling for other doctors and healthcare workers who worked in England and Wales and suffered similar circumstances to join its group legal action. Those in Scotland can do so via a different legal firm, Jackson Boyd.

Hundreds have signed up, many say they have lost their jobs, and had relationships end. Several of those still employed by the NHS claim they have reached maximum sick pay or are struggling to claim benefits.

One consultant, who asked to remain anonymous, but whose income protection and life insurance were denied, said:

“I was once at the peak of my career and have had to give up all my dreams and become a shell of my former self.

There is no hope at present and at times I wish I died during COVID.”

Legal challenge of proving negligence

Legal commentator Joshua Rozenberg says all claimants face a considerable legal challenge in proving the NHS was negligent at that time.

“They have to show that their employers, the hospitals they were working in, didn't meet what were then-accepted standards of care.

“Presumably when people didn't really understand COVID, didn't know about long COVID, perhaps didn't know what level of protection was necessary for professionals working in the health service.”

A Department of Health and Social Care spokesperson told Sky News:

“Throughout the pandemic the government acted to save lives and livelihoods, prevent the NHS being overwhelmed and deliver a world-leading vaccine rollout which protected millions of lives across the nation.

We have always said there are lessons to be learnt from the pandemic and we are committed to learning from the COVID-19 inquiry's findings, which will play a key role in informing the government's planning and preparations for the future. We will consider all recommendations made to the department in full.”

More information

Covid-19: Doctors instruct law firm in bid for compensation after developing long covid | The BMJ

I'm a doctor with spinal damage from Covid – this is why I'm suing the NHS (inews.co.uk)

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